Mumbai, Apr 7 The Bombay High Court on Tuesday directed the Deputy Director General of Shipping to collect the mortal remains of a 25-year-old Indian seafarer killed in the West Asia conflict, and send them to a Forensic Science Laboratory for DNA tests.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said the remains shall be collected by the DDG Shipping in the presence of the family members.
"The remains shall then be sent to the FSL in Mumbai for DNA analysis and report. The copy of the report shall be supplied to the family," the court said.
Dixit Solanki was killed on March 4 after an explosive-laden drone boat struck oil tanker MT MKD Vyom off the Oman coast on March 1. He was reportedly the first Indian casualty of the conflict that erupted on February 28 after a joint US-Israel attack on Iran.
His father Amratlal and sister Mitali last week moved the HC seeking directions to the Union government to bring his mortal remains to India. There was no clarity in official response in this regard, they claimed.
On Sunday, the remains were sent to India, but as they contained only charred bones, the family sought a DNA test for identification, after which they could complete the last rites.
On Tuesday, advocate Rui Rodrigues, appearing for the Union government, DG Shipping and DDG Shipping, told the court that communications were sent on Monday night by the DG Shipping to the Maharashtra Director General of Police, Mumbai Commissioner of Police and FSL Hyderabad and Mumbai for further action.
The bench then directed the DDG Shipping to collect the remains and send them to FSL Mumbai.
The family's lawyer Pradnya Talekar said the HC should fix a time period for the submission of the DNA analysis report.
But the court said it cannot pass such an order.
The Solankis' petition claimed that the fundamental right to dignity extends to a person even after death and, hence, the authorities have a duty to ensure timely return of the mortal remains to the family. It also cited legal obligations under maritime regulations and guidelines that require repatriation of the body in cases of death at sea.
